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Ex-Pioneer Coaches workers win right to attach company assets

by Staff reporter
5 hrs ago | 126 Views
Nine former employees of Pioneer Coaches (Pvt) Ltd have secured an executable High Court judgment, clearing the way for the Sheriff of the High Court to attach the transport company's assets if it fails to pay compensation awarded following their dismissal.

The former workers, represented by Moses Kavhumbura of Kavhumbura Law Chambers, have been pursuing legal action since they were dismissed in 2020.

On June 24, 2026, the High Court in Harare registered a Labour Court judgment awarding them damages in lieu of reinstatement, making the order enforceable through the High Court.

The applicants are Joshua Chibuda, Stanley Mdege, Felias Mupindu, Denis Mafuwa, George Kanyera, Michael Kanovava, Isaac Nhemwa, Albert Mugogororo and Willie Saidi.

In a default judgment under case number HCH946/26, Justice Jacob Manzunzu ordered that Labour Court judgment LC/H/153/24, delivered by Justice Godfrey Musariri on April 5, 2024, be registered as an order of the High Court.

The court also directed Pioneer Coaches to comply with the certified financial calculations prepared by the designated agent and pay the former employees within seven days.

According to the court order, Joshua Chibuda is entitled to US$20,914.62, Stanley Mdege US$21,421.40, Felias Mupindu US$19,836.04, Denis Mafuwa US$19,708.19, George Kanyera US$24,193.39, Michael Kanovava US$21,153.46, Isaac Nhemwa US$19,843.23, Albert Mugogororo US$20,915.05 and Willie Saidi US$16,736.42.

Pioneer Coaches was also ordered to pay legal costs on the attorney-client scale.

The judgment brings to a close a prolonged legal dispute that began after the workers challenged their dismissals, arguing that the disciplinary proceedings leading to their termination were unfair and unlawful.

In October 2022, the Labour Court nullified the dismissals and ordered Pioneer Coaches to conduct fresh disciplinary hearings within 30 days.

The court also gave the company the option of reinstating the employees or paying damages, either as agreed by the parties or determined by the Labour Court.

The workers later returned to court, arguing that Pioneer Coaches had neither reinstated them nor paid compensation, while disputing the company's claim that fresh disciplinary hearings had been conducted.

Pioneer Coaches maintained that it had invited the employees to attend new disciplinary hearings but that they failed to appear, resulting in their lawful dismissal.

In his ruling, Justice Musariri noted that while the company had produced notices dated November 10, 2022, inviting the employees to disciplinary hearings scheduled for November 17, 2022, it failed to provide evidence that the hearings had actually taken place.

The court found that Pioneer Coaches had not produced supporting documents such as minutes of the hearings or fresh dismissal letters.

Justice Musariri consequently ordered that damages payable to the employees be assessed through the relevant National Employment Council.

The company appealed against the Labour Court ruling to the Supreme Court.

However, a bench comprising Justices Chinembiri Bhunu, Samuel Kudya and Joseph Musakwa dismissed the appeal after finding that it had been abandoned and removed it from the court roll.

Pioneer Coaches was also ordered to pay the costs of the appeal.

According to the former employees, the company still failed to satisfy the Labour Court judgment despite the unsuccessful appeal, prompting them to apply to the High Court for registration of the order to facilitate enforcement.

With the judgment now registered, the former workers are legally entitled to instruct the Sheriff of the High Court to attach and, if necessary, sell Pioneer Coaches' assets should the company fail to comply with the court order.

Source - The Herald
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